STATE Vs. ARJUN MANIKAPPA NAGURE AND OTHERS

JUDGEMENT

(1.) This appeal is preferred by the State assailing the order of acquittal dated 15.2.2010 passed in SC. No. 52/199 by the Fast Track Court-I, Gulbarga acquitting accused 1 to 3.

(2.) The case of the prosecution in brief is that marriage of the deceased Kalavathi with accused No. 1 was performed on 19.5.1998. Accused No. 1 along with his parents-accused Nos. 2 and 3 who were residing together at Kajuri Village of Aland Taluka started harassing the deceased Kalavathi both physically and mentally for demand of additional amount of dowry and gold in spite of parents of the deceased having paid an amount of Rs. 21,000.00 and five tholas of gold at the time of marriage. Due to the ill-treatment and harassment caused by the accused persons deceased Kalavathi committed suicide by consuming pesticide in the matrimonial house. On the basis of the complaint lodged by PW.2-father of the deceased, an investigation was done and after completion of investigation, charge sheet came to be filed against the accused persons. After filing of the charge sheet, by following the procedure laid down under Sec. 207 of Crimial P.C. the committal Court committed the case to the Sessions Court. After committal, the Sessions Court took the cognizance, secured the presence of the accused and after hearing about the charge, charge came to be framed against accused Nos. 1 to 3. Since the accused have pleaded not guilty the trial was fixed.

(3.) In order to establish its case, the prosecution in all has examined 15 witnesses and got marked the documents at Exs.P1 to P7 and MO. Nos. 1 to 4. During the course of examination, defence has got marked Exs. D1 and D2. However, no evidence was led on behalf of the accused. After closure of the prosecution evidence, statement of the accused came to be recorded under Sec. 313 of Crimial P.C. I and they denied incriminating material against them. After hearing both the sides and on evaluation of the material on record, the trial Court passed the impugned order acquitting the accused persons.